Hewlett v. . Schenck
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1879, of New Hanover Superior'Court, before Seymour, J. This action was brought by the state on the relation of the plaintiff, as treasurer of New Hanover county, against the defendant sheriff and the sureties upon his official bonds, to recover damages for his failure to account for and pay over certain taxes.
Read the full summary
Civil Action tried at Spring Term, 1879, of New Hanover Superior'Court, before Seymour, J. This action was brought by the state on the relation of the plaintiff, as treasurer of New Hanover county, against the defendant sheriff and the sureties upon his official bonds, to recover damages for his failure to account for and pay over certain taxes. Upon the plaintiff’s own showing as evidenced by the facts set out in the opinion of this court, the judge below intimated that the plaintiff could not recover, and thereupon he took a nonsuit and appealed.
1Opinion of the CourtSmith, C. J.
The only point presented for decision in this appeal arises on the defence under the statute of limitations. The action commenced on the 25th day of October, 1878, against the sureties to the sheriff’s official bonds for the collection of county taxes, is to recover damages for his failure to pay over the taxes collected for the year 1871, and the breach occurred on the 8th day of January 1872. The plaintiff, to repel the defence, relies on the facts set out in the evidence of the defendant, Hart. He testifies that in June, 1873, he paid to the county treasurer the sum of one thousand dollars…
2Cases cited3 opinions
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
- Bryan v. . FoySupreme Court of North Carolina · 1873
- Mitchell v. SawyerSupreme Court of North Carolina · 1874
3Cited by18 opinions
- Smith v. . DavisSupreme Court of North Carolina · 1947
- Smith v. DavisSupreme Court of North Carolina · 1947
- Battle v. . BattleSupreme Court of North Carolina · 1895
- Cashmar-King Supply Co. v. Dowd & KingSupreme Court of North Carolina · 1907
- Cowhick v. ShingleWyoming Supreme Court · 1894
13 more not listed; retrieve them via the Exa API.